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2024 Supreme(Gau) 756

VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Union of India – Appellant
Versus
Shri Kshitish Chandra Karmakar, Son of Late Dinobandhu Karmakar – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. A. Dasgupta, Senior Advocate, assisted by Mr. S. Chakraborty, Advocate.
For the Respondents:Mr. A.R. Bhuyan, Mr. K.N. Choudhury, Senior Advocate, assisted by Mr. A. Ganguly, Ms. N. Bordoloi, Mr. D.K. Sarmah,

JUDGMENT :

Vijay Bishnoi, J

Heard Mr. A. Dasgupta, learned senior counsel, assisted by Mr. S. Chakraborty, learned counsel for the appellants. Also heard Mr. A.R. Bhuyan, learned counsel for the respondent No.1; Mr. K.N. Choudhury, senior counsel, assisted by Mr. A. Ganguly, learned counsel for the respondent Nos.5 to 7; Ms. N. Bordoloi, learned Standing Counsel, Revenue Department representing the respondent No.8 and Mr. D.K. Sarmah, learned Additional Senior Government Advocate, Assam, representing the respondent Nos.9 & 10.

2. This writ appeal is filed by the appellants, who are the respondent Nos.1 to 3 in the writ petition, being aggrieved with the order dated 05.04.2019 passed by the learned Single Judge in WP(C) No.7191/2013, whereby the learned Single Judge has disposed of the writ petition filed on behalf of the writ petitioners (private respondents herein) by concluding that the writ petitioners/private respondents have able to make out a case of illegal occupation over their land by the Railways and, therefore, the Railway is directed to vacate the land of the private respondents, specifically mentioned in the schedule, and handover the peaceful possession of it to them. Th

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